I. SCOPE OF APPLICATION
1. These terms and conditions apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract.
2. Subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) shall be waived insofar as the customer is not a consumer.
3. The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form in advance.
II. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS
1. The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room reservation in text form.
The contracting parties are the hotel and the customer. If a third party has placed an order on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
All claims against the hotel are subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. SERVICES, PRICES, PAYMENT, OFFSETTING
1. The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obligated to pay the hotel’s prices agreed upon or applicable for the provision of the rooms and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory sales tax.
3. The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s services or the customer’s length of stay conditional upon an increase in the price for the rooms and/or for the hotel’s other services.
4. Invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of late payment, the Hotel shall be entitled to charge the applicable statutory interest on arrears, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages.
5. The hotel is entitled to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
6. In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of number 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
7. The hotel is also entitled to demand from the customer an appropriate advance payment or security deposit within the meaning of number 5 above for existing and future claims arising from the contract at the beginning of and during the stay, insofar as such a deposit or security deposit has not already been provided in accordance with numbers 5 and/or 6 above.
8. The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-UTILIZATION OF THE HOTEL’S SERVICES (NO SHOW)
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s consent in text form. If this is not done, the agreed price from the contract must be paid even if the customer does not use contractual services.
2. If the Hotel and the customer have agreed on a date for the cost-free withdrawal from the contract in text form, the customer may withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer’s right to withdraw from the contract expires if he does not exercise his right to withdraw from the contract in text form to the hotel by the agreed date.
3. In the case of rooms not used by the customer, the hotel shall credit the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may demand the contractually agreed remuneration and make a lump-sum deduction for saved expenses of the hotel. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board arrangements and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
V. CANCELLATION BY THE HOTEL
1. If it has been agreed in text form that the customer may withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.
2. If an advance payment or security deposit agreed upon or demanded above in accordance with section III numbers 5 and/or 6 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms are culpably reserved under misleading or false statements of facts essential to the contract, e.g. the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or reason for the stay is unlawful;
– there is a violation of Item I No. 2 above.
5. In the event of justified withdrawal by the hotel, the customer shall have no claim for damages.
VI. ROOM PROVISION, HANDOVER AND RETURN
1. The customer has no claim to the provision of specific rooms, unless this has been expressly agreed in text form.
2. Booked rooms are available to the customer from 3 PM on the agreed day of arrival. The customer has no right to earlier provision.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11 AM at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in excess of the contract until 6 PM and 100% from 6 PM onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
VII. LIABILITY OF THE HOTEL
1. The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by the hotel and damages resulting from an intentional or negligent breach of typical contractual duties by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and minimize any possible damage.
2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Accordingly, the liability is limited to one hundred times the room rate, but not more than 3,500 € and differently for money, securities and valuables not more than 800 €. Money, securities and valuables can be stored in the hotel safe up to a maximum value of € (insert sum insured of the hotel). The hotel recommends to make use of this possibility.
3. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on hotel property and their contents, the hotel shall not be liable, except in cases of intent or gross negligence. For the exclusion of the customer’s claims for damages, the provision of the above number 1, sentences 2 to 4 shall apply mutatis mutandis.
4. Wake-up orders shall be executed by the hotel with the utmost care. Messages, mail and merchandise shipments for the guests will be handled with care. The hotel will take care of delivery, safekeeping and – upon request – forwarding of the same against payment. For the exclusion of claims for damages by the customer, the provision of the above number 1, sentences 2 to 4 shall apply accordingly.
VIII. FINAL PROVISIONS
1. Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer are ineffective.
2. Place of performance and payment is the location of the hotel.
3. The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions shall be the hotel’s registered office under company law. If a contracting party meets the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the Hotel under company law.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the Conflict of Laws shall be excluded.
5. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.